Penalty. issued in certain cases. discretion of the Judge who tries the case, the fine not to exceed three hundred dollars and the imprisonment not to exceed three months. 23. [SEC. 3487.] Any Magistrate may, on complaint, on oath Search warrant being made by the master of a vessel, or some person in his behalf that a seaman or boy apprenticed has deserted from his vessel, and that he is harbored, secreted, or detained, issue a warrant, under his hand and seal, to cause search to be made in any place wherein said seaman or boy apprenticed may be harbored or secreted, and shall cause such seaman or apprentice, when found, to be delivered to the master of the vessel to which he belongs. Copy of ship. ping articles ad mitted as evi dence. 1868-114. 24. [SEC. 3488.] On the trial of any person under the two preceding sections of this act, a copy of the articles of any vessel, authenticated by the affidavit of the captain, sworn to before any Magistrate, shall be admissible in evidence to prove the fact that any seaman, whose name appears subscribed thereto, has actually signed said articles. 25. [SEC. 614.] In the several parishes of the State (the parish of Orleans excepted), the Clerks of the several District Courts of Clerks of courts the several parishes of the State be, and they are hereby constituted tions in certain Commissioners for the taking of depositions of witnesses, to be used in any of the courts of this State. may take deposi cases. apply to the Clerk. 26. [SEC. 615.] Whenever a party to a suit pending in any of Applicant shall the courts of this State shall desire to have the depositions of witnesses, on whose testimony he relies, taken in writing, said party shall apply to the Clerk of the court, in which said suit is pending, to take the testimony of his witnesses in writing, and thereupon said Clerk shall proceed to take the testimony of such witnesses in writing, either by himself or some other disinterested person, in his presence, after giving to the opposite party or parties, or their attorneys, at least two days' previous notice of the time and place specified in said notice; and if the party or his counsel reside out of the parish, ten days' notice shall be given, to date from the service of notice; which depositions, when so reduced to writing as aforeTestimony, how said, shall be sworn to and signed by each witness, if he knows how to write; if not, by his ordinary mark, attested by the Clerk taking the same, which depositions, when so taken, shall be certified to by the Clerk taking the same, under the seal of the court attached thereto, and forthwith filed in the records of the suit. verified. 27. [SEC. 616.] Should any objection be made, by either of the Parties making parties, or their attorneys, to the taking any part or the whole of objection to testimony. the deposition of any witness, it shall be the duty of the Clerk to take down the question of the party, the answer of the witness thereto, as well as the objections made to the same, stating by whom such objection is made, as a part of the proceedings had, the regularity of which or any part of which objection shall be determined by the court, in which the depositions are to be made on the trial of the cause. be used as evi session. Testimony of witnesses, in when reduced to certain cases, writing, evi 28. [SEC. 617.] All depositions of witnesses, taken as aforesaid, shall be evidence for either party desiring to use the same on the Depositions to trial of the suit in which they are taken, subject to the rejection by dence on trial. the court of such portion or the whole thereof as may have been objected to at the taking of the same, or such other legal objection as may be made to the introduction thereof at the trial of the cause. 29. [SEC. 2.] In the examination of the cases provided for in the foregoing section, it shall be the duty of the examining Judge to 1870-94-Extra cause to be subpenaed all such witnesses as may be required by the Governor, the District Attorney, or the District Attorney pro tempore, or other person in the interest of the State, and their attendance enforced by attachment, if necessary, whose testimony shall reduced to writing, sworn to and subscribed by them; and at the close of the examination the examining Judge shall deliver it to the Clerk of the court for such parish, and the same shall be competent evidence for the grand jury on their examination of the case, and in case of the death or absence from the State of the witnesses, shall be competent evidence on the trial of such accused before a petit jury or court. [Upon] the failure or refusal of any witness, sub- Penalty for failpenaed in accordance with this section, to attend such examination examinations, and give testimony, [he] shall, upon due conviction, be fined one moned. thousand dollars, and imprisoned in the parish jail for not less than three months. be 30. [SEC. 2029.] All appeals from the Parish Courts to the District Courts of Louisiana shall be tried de novo. dence before grand and petit juries. ure to attend when sum 1869-38. Appeals from mony and 31. [SEC. 2030.] All the testimony taken in writing in the Parish Court shall be used as evidence in the District Court, and all the Written testioriginal papers, with the evidence of every kind which is in writing, original papers with the suit, shall be sent up on the appeal, which shall stand in pellate courts. place of a transcript. USING THE RECORDS OF THE COURTS OF THIS STATE IN EVIDENCE. evidence in ap 32. [SEC. 1.] Whenever, during the trial of any suit or process, whether civil or criminal, before any of the District or Parish Courts 1870-98-Extra of this State, either party may desire to offer in evidence any record, Original records paper or document belonging to the files or records of either the Dis- evidence. session. Entry. Fees. Proviso. trict or Parish Court of the parish in which the trial is proceeding, the presiding Judge shall, at the request of such party, direct the Clerk of the District Court to produce such record, document or paper, in order that the same may be used in evidence; and it shall not be necessary for the Clerk, in any such case, to make a copy of any such record, document or paper, unless the case in which the same is offered, is appealed to the Supreme Court, in which case the transcript of appeal shall be made up from the papers themselves. 33. [SEC. 2.] Whenever such records, documents or papers are offered in cases in which the testimony is taken down, the Clerk shall enter upon the notes of testimony a description of the document, record or paper thus offered, with the title and number of the suit or record to which it belongs. 34. [SEC. 3.] For each record, or suit produced, as provided in the first section of this act, the Clerk shall be entitled to charge a fee of fifty cents, which shall be taxed as costs, and paid by the party cast; provided, that this act shall not apply to the parish of Orleans. 1855-309. 1. [SEC. 1460.] Whenever the testamentary executor named in the will shall be present in the State, but be domiciled out of it, the executors domi- Judge shall only grant him the letter on the execution of his bond, Testamentary ciliated out of the State to fur. With a good and solvent security for such a sum, and under such security. conditions as are required by law from dative testamentary nish bond and 1855-78. executors. 2. [SEC. 1465.] They shall, at least once in every twelve months, render to the court from which they received their appointment, a Administrators, full, fair, and perfect account of their administration, and on failure executors, cura tors and syndics to render an ac- so to do, shall be dismissed from office, and pay ten per cent. per count once in twelve months, annum interest on all sums for which they may be responsible, from the date of the expiration of the twelve months aforesaid. Testamentary other adminis cession to 3. [SEC. 1468.] Whenever the testamentary executor, or any other administrator of a succession, shall suffer ten days to elapse, executor or any after his confirmation or appointment, without having qualified or caused an inventory to be at least begun, the shall, forthwith and ex officio, appoint a successor in office, as if no appointment. such officer had been confirmed or appointed. either trator of a sucJudge quality within ten days after session. sales, by whom 4. [SEC. 1475.] All sales of property of succession, of property belonging to minors, or in which minors are interested, of property 1865-20— Extra of interdicted persons, and property surrendered, made pursuant to Executor's an order or decree of any court of this State, may be made either made. by the Sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the Sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, and the syndic of the insolvent, as the case may be. Ex post facto laws-vested rights. CONSTITUTIONAL PROVISION. ART. 110. No ex post facto or retroactive law, nor any law impairing the obligation of contracts, shall be passed; nor vested rights be divested, unless for purposes of public utility and for adequate compensation made. 1855-32. Expropriation dividuals, how made. TO PROVIDE FOR THE EXPROPRIATION OF LANDS FOR RAILROADS AND OTHER 1. [SEC. 1479.] Whenever any corporation, constituted under the laws of this State, for the construction of a railroad, plankroad, of lands of in- turnpike road, or a canal for navigation, or for the purpose of transmitting intelligence by magnetic telegraph, can not agree, with the owner of any land, which may be wanted, for its purchase, it shall be lawful for such corporation to apply by petition to the Judge of the District Court in which such land may be situated, or if it extends into two districts, to the Judge of the District in which the owner thereof resides, and if the owner does not reside in either district, then to the Judge of either district, describing the lands necessary for their purposes, with a plan of the same, and a statement of the improvements thereon, if any, and the name of the owner thereof, if known and present in the State, with a prayer that the land be adjudged to such corporation, upon the payment to the owner of all such damages as he may sustain in consequence of the expropriation of his land for such public work. All claims for land, or damages to the owner, caused by its expropriation, for the conClaim for dama- struction of any public works, shall be barred by two years' prescription, which shall commence to run from the date at which the land was actually occupied and used for the construction of the works. ges, when prescribed. be had in assessing damages. 2. [SEC. 1480.] On presentation of such petition to the Judge, Proceedings to it shall be his duty to indorse thereon an order directing the Clerk of the court to give notice to the owner according to law. The Clerk shall thereupon issue a copy of the petition and order, together with a notice of the time at which a jury will be impanneled to assess the value of the land described in the petition, to the Sheriff, who shall make service and return thereof as in ordinary cases. 3. [SEC. 1481.] Immediately after the order shall have been A jury of free made by the Judge, it shall be the duty of the Clerk and Sheriff to make a list of forty-eight freeholders, residents of the parish in holders to be summoned. |